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HomeMy WebLinkAbout1997-07-15 OrdinancePrepared by: John Yapp, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 ORDINANCE NO. A ORDINANCE AMENDING TITLE1 6, ENTITLED "ZONING," O, EN TLED "SIGN, REGULATIONS SIGNS AS A SIGN IN TF CB-5, CENTRAL BUSIf SUPPORT ZONE .ND THE CB~10, CEf BUSINESS DI,~ ZONE. prohibited port zone, District zone WHEREA= may lead to bu~ er and more overshadow WHERI !AS, projec s~gns have been the CB-E Business Sup- O, Central Business 1970s; and ~regulated projecting signs 9sses installing bigger, bright- ~rful signs in an attempt to )nt signs and business; and pedestrian oriented projecting/s~ benefit both the business erecting/~he sign ~vell as the overall street- scape;/~nd W/FIEREAS, p ct~ng signs are appropriate in t~e pedestrian-oriented CB-10, Central Bus/i'ness District zone a~d. the CB-5, Central BL/ainess Support zone; ar~ / WHEREAS, because projecting signs may /l~ave a substantial impact oh~the character of /downtown Iowa City, design or, projecting signs / will be subject to Design Review Committee / approval; and / WHEREAS, projecting signs w~ have size and location restrictions placed on th~ to help ensure they remain unobtrusive and'~,o not create visual clutter. ~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT Chapter 6, entitled "Zoning," Article O, entitled "Sign Regula- tions," Section 5, entitled "Signs Permitted by Zone; Regulations:", Subsection F, entitled "CB-5 and CB-1 0 Zones" is hereby amended to include the following additional paragraphs and subparts: 14-60-5F. CB-5 and CB-10 zones: 2. Provisional signs: e. One projecting sign per ground floor business, provided it does not exceed six (6) square feet per sign face, does not project more than five feet (5') out frown the building wall, is not less than eigl~t feet (8') or more than twelve feet\(12 ) above grade, ~s/not thicker than bight inches (8"), is/~ot illuminat- ed, .a~d provided the yusiness does not ha~,e an awning si~n or signs. Any projecting sign musybe fixed to the buildinS.wall, or t~ a pole which is mountel~ on the ~/Jilding, but may not be swinging or ze~asily moved by wind. The sigr~ face/must be installed per- pendicul~r t/o' the building wall. A business ~Ni~hing to install a projecting sign must~'how proof of liability insur- ance, an obtain Design Review approval according to procec and guidelines established by th n Review Committee prior to o a sign permit. f. ;, provided the business d~ have a rojecting sign. SECTION REPEAl !R. All ordinances and parts of ~s in '.onfiict with the provi- sions Ordinanc~ ~re hereby repealed. SECTI III. SEVI~ If any section, provi or part of Ordinance shall be adj~ ed to be invalid or u~constitutional, such adj~ ;at or shall not affec~ the validity of the Or~i nc~,· as a whole or an~section, provision o)~ part thereof not adjudged ii~valid or unconsti- ~Qtional. ~ SECTION IV. EFFECTIVE DA~E. This Ordi- nance shall be in effect after its~inal passage, approval and publication, as prov~ed by law. Passed and approved this ~ day of MAYOR ATTEST: CITY CLERK / C/~itv AttOrney's O-fi~"~ ppdadmin\prejord.wp5 Prepared by John Yapp, Associate Planner, 410 E. Washington, Iowa City, IA 52240;319/356-5247 ORDINANCE NO. 97-3791 AN ORDINANCE VACATING THE PORTION OF ST. IVIATTHIAS' STREET (FORMERLY KNOWN AS ST. N1ATTHIAS' ALLEY), RIGHT-OF-WAY LOCATED NORTH OF DODGE ST. AND ST. JOHN'S ALLEY, LOCATED BETWEEN ST. CLEMENT'S STREET AND ST. MATTHIAS' STREET. WHEREAS, Roberts Hometown Dairy has requested the City vacate St. Matthias' Street and St. John's Alley; and WHEREAS, the City will vacate the entire portion of St. Mattbias' Street north of Dodge Street, much of which is undeveloped; and WHEREAS, the developed portion of St. Matthias' Street does not provide access to any property other than Roberts Hometown Dairy; and WHEREAS, Roberts Hometown Dairy owns property to the north and south of the public right-of-way known as St. John's Alley, described below; and WHEREAS, St. John's Alley west of St. Clement's Street was vacated by Ordinance 2357 on September 7, 1965; and WHEREAS, the subject right-of-ways are not a necessary component of the neighborhood's vehicular circulation system; and WHEREAS, all necessary utility easements will be retained. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. VACATION. The City of Iowa City hereby vacates the portion of St. Matthias' Street (formerly known as St. Mattbias' Alley) legally described as follows: Commencing as a point of reference at the southeast corner of Lot 8, Block 2 of St. Mattbias' second addition to Iowa City, Iowa; thence N0°O'O"E 7.71 feet along the westerly right-of-way line of said St. Matthias' Street to the point of beginning; thence continuing NO°0'O"E 768.21 feet along the westerly right-of-way line of said St. Mattbias' Street to a point of intersection with the north line of said St. Ordinance No. 97-3791 Page 2 Matthias' Second Addition; thence N90°O'O"E 24.58 feet along said north line to a point of intersection with the easterly right-of-way line of said St. Matthias' Street; thence SO°O'O"E 756.98 feet along said easterly right-of-way line to a point of intersection with a line 7 feet in perpendicular distance northerly of the northerly right-of-way line of Dodge Street; thence S65°25'12"W 27.03 feet along a line parallel with and 7 feet in perpendicular distance northerly of said northerly right-of- way line to the point of beginning and containing 0.43 acres more or less. The City of Iowa City hereby vacates the portion of St. John's Alley legally described as follows: St. John's Alley lying between the east line of St. Clement's Street and the west line of St. Matthias' Street. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION Ill. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION IV, EFFECTIVE [)ATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 15th day of July ,19 97 MAYOR ~. (~/ [' ATTEST: CITY CLERK ppdadmin~m attjo~n.ord Ordinance No. 97-3791 Page 3 It was moved by Thornberry and seconded by Ordinance as read be adopted, and upon roll call them were: AYES: NAYS: ABSENT: X Baker X Kubby X Lehman X Norton X Novick X Thornberry X Vanderhoef VandPrhn~¢ that the Fimt Consideration 9/24/96 Voter or passage: AYES: Norton, Novick, Thornberry, Baker, Kubby, Lehman. NAYS: None. ABSENT: None. Second Consideration 10/8/96 Vote for passage: AYES: Kubby, Lehman, Norton, Vanderhoef, Baker. NAYS: None. ABSENT: None. Date published 7/23/97 Novick, Vanderhoef, Thornberry, City of Iowa City MEMORANDUM Date: July 9, 1997 To: From: Re: Karin Franklin, Director Planning and Community Development John Yapp, Associate Planner "~ y The pending vacation of St. John's Alley and St. Matthias' Alley On October 8, 1996, Council deferred an application submitted by Robert's Dairy to vacate St. Matthias' Alley and St. John's Alley, until an agreement could be reached regarding the value of the alleys and of frontage owned by Robert's Dairy along North Dodge Street. Appraisals have been received, and staff has reached a tentative agreement with Robert's Dairy. Pending the vacation of the alleys, the City would convey to Robert's Dairy the portion of St. Matthias' Alley adjacent to the dairy, and all of St. John's Alley (which is surrounded by Robert's Dairy). In return, the City would receive approximately 813,000 and a seven foot wide strip of land along North Dodge Street, in between St. Clement's Street and St. Mattbias' Alley. Staff is contacting the owners of property adjacent to the northern, undeveloped portion of St. Matthias' Alley to determine if they are interested in acquiring the portion they are adjacent to. The Council will be considering the third reading of the vacation at their July 15, 1997 meeting, and the City Attorney's Office will prepare a resolution to dispose of and convey the alleys for subsequent Council meetings. LOCATION MAP VAC94-0004 ST. MATHIAS ALLEY CAP, OLINE J AVE I/ o / -~ © J/'3' ,,,~,~x DODGE ST. COiJRT 1. STEVE KRIZ 2. SCI LTD.-HY VEE i 3. ROBERTS DAIRY C E M E TE F: r' Prepared by: David Schoon, Economic Development Planner, z~10 E. Washington Street, Iowa City, IA ORDINANCE NO. AN ORDINANCE PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE SCOTT - SIX URBAN RENEWAL PROJECT AREA, IN THE CITY OF IOWA CITY, COUNTY OF JOHNSON, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF IOWA CITY, COUNTY OF JOHNSON, IOWA CITY COMMUNITY SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MON- IES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH SAID URBAN RENEWAL REDEVELOP- MENT PROJECT. WHEREAS, the City Council of the City of Iowa City, Iowa, after public notice and hearing as prescribed by law and pursuant to Resolu- tion No. passed and approved on the day of , 1997, adopted an Urban Renewal Plan (the "Urban Renewal Plan") for an urban renewal area known as the Scott Six Urban Renewal Project Area (the "Urban Renewal Project Ar- ea"), which Urban Renewal Project Area in- cludes the lots and parcels located within the area legally described as follows: Parcel I (to be rezoned C1-1 ): Commencing at the Southwest Corner of Section 19, Township 79 North, Range 5 West of the Fifth Principal Meridian, Iowa City, John- son County, Iowa; Thence N00°03'29"W, along the West Line of the Southwest Quarter of said Section 19, a distance of 2'54.86 feet, to a point on the Northerly Right-of-Way Line of U.S. Highway No. 6 and the Point of Beginning; Thence contin- uing NOO°03'29"W, along said West Line, 404.57 feet, to a point on the Easterly Right-of-Way Line of Scott Boulevard; Thence Northeasterly, 386.13 feet, along the Easterly Right-of-Way Line of Scott Boulevard and a 1481.54 foot radius curve, concave Northwesterly, whose 385.04 foot chord bears NO7°23'39"E; Thence NOO°O3'29"E, along said Right-of-Way Line, 1605.27 feet, to a 522z~0; 319-356-5236 Ordinance No. Page 2 point on the North Line of said Southwest Quarter, Thence NO0° 18'56"W, along said Right-of-Way Line, 579.87 feet, to a point on the South Right-of-Way of the Heartland Rail Corporation; Thence S62°09'30"E, along said South Right-of-- Way Line, 749.90 feet; Thence S00°03'29"E, 300.25 feet; Thence Sll ~43'38"W, 1 240.47 feet; Thence S06°00'20"W, 173.94 feet; Thence S02~29'45"W, 230.00 feet; Thence S87°30'15"E, 266.70 feet; Thence S02~29'45"W, 861.87 feet; Thence Southwesterly, 16.33 feet, along a concave 300.00 foot radius curve, Southeasterly, whose 16.33 foot chord bears S01° 12'12"W; Thence S00°21'22"E, 65.50 feet, to a point on the South Line of said Southwest Quarter, Thence S89~38'37"W, along said South Line, 209.90 feet, to a point on the North- erly Right-of-Way Line of U.S. Highway No. 6; Thence Northwesterly 175.60 feet, along said Right-of-Way Line and a 5830.00 foot radius curve, concave Southwesterly, whose 175.59 foot chord bears N59°59'O8"W; Thence N60°50'54"W, along said Right-of-Way Line, 337.19 feet, to the Point of Begin- ning. Said tract of land contains 38.93 acres, and is subject to easements and restrictions of record. Parcel II (to be fezcried I-1): Commencing at the Southwest Corner of Section 19, Township 79 North, Range 5 West of the Fifth Principal Meridian, Iowa City, John- son County, Iowa; Thence NOO°O3'29"W, along the West Line of the Southwest Quarter of said Section 19, a distance of 254.86 feet, to a point on the Northerly Right-of-Way Line of U.S. Highway No. 6; Thence S60"50'54"E, along said Northerly Right-of Way Line, 337.19 feet; Thence Southeasterly 175.60 feet, along said Right-of-Way Line and a 5830.00 foot radius curve, concave Southwesterly, whose 175.59 foot chord bears S59°59'08"E, to a point on the South Line of said Southwest Quarter; Thence N89°38'37"E, along said South Line, 209.90 feet, to the Point of Beginning; Thence N00°21 '22"W, 65.50 feet; Thence Northeasterly, 16.33 feet, along a 300.00 foot radius curve, concave South- easterly, whose 16.33 foot chord bears Ordinance No. Page 3 N01 °12'12"E; Thence N02°29'45"E, 861.87 feet; Thence N87°30'15"W, 266.70 feet; Thence NO2°29'45"E, 230.00 feet; Thence NO6°00'20"E, 173.94 feet; Thence N11°43'38"E, 1240.47 feet; Thence N00°O3'29"W, 300.25 feet, to a point on the Southerly Right-of-Way Line of Heartland Rail Corpo- ration; Thence S62°09'30"E, along said Southerly Right-of-Way Line, 2261.25 feet, to a point on the East Line of said Southwest Quarter; Thence S00 °00'45"E, along said East Line, 990.27 feet; Thence S89°38'37"W, 670.00 feet;' Thence S00°OO'45"E, 813.00 feet to a point on the South Line of said Southwest Quarter; Thence S89°38'37"W along said South Line, 1380.99 feet, to the point of Begin- ning. Said tract of land contains 101.57 acres, and is subject to easements and restrictions of record. WHEREAS, expenditures and indebtedness are anticipated to be incurred by the City of Iowa City, Iowa in the future to finance urban renewal project activities carried out in further- ance of the objectives of the Urban Renewal Plan; and WHEREAS, the City Council of the City of Iowa City, Iowa desires to provide for the divi- sion of revenue from taxation in the Urban Renewal Project Area, as above described, in accordance with the provisions of Section 403.19 of the Code of Iowa, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. That the taxes levied on the tax- able property in the Urban Renewal Project Area legally described in the preamble hereof, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as here- inafter in this Ordinance provided. SECTION 2. That portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts upon the total sum of the assessed value of the taxable property in the Urban Renewal Project Area, as shown on the assess- ment roll as of January 1 of the calendar year preceding the first calendar year in which the City of Iowa City certifies to the County Audi- tor the amount of loans, advances, indebted- ness, or bonds payable from the division of Ordinance No. Page 4 property tax revenue described herein shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for the taxing district into which all other property taxes are paid. _ SECTION 3. That portion of the taxes each year in excess of the base period taxes deter- mined as provided in Section 2 of this Ordi- nance shall be allocated to and when collected be paid into a special tax increment fund of the City of Iowa City, Iowa hereby established, to pay the principal of and interest on loans, mon- ies advanced to, indebtedness, whether fund- ed, refunded, assumed or otherwise, including bonds or obligations issued under the authority of Section 403.9 or z~03.12 of the Code of Iowa, as amended, incurred by the City of Iowa City, Iowa, to finance or refinance, in whole or in part, urban renewal projects undertaken within the Urban Renewal Project Area pursu- ant to the Urban Renewal Plan, except that taxes for the payment of bonds and interest of each taxing district shall be collected against all taxable property within the Urban Renewal Project Area without any limitation as herein- above provided. SECTION 4. Unless or until the total assessed valuation of the taxable property in the Urban Renewal Project Area exceeds the total assessed value of the taxable property in the Urban Renewal Project Area as shown by the assessment roll referred to in Section 2 of this Ordinance, all of the taxes levied and collected upon the taxable property in the Urban Renewal Project Area shall be paid into the funds for the respective taxing districts as taxes by or for said taxing districts in the same manner as all other property taxes. SECTION 5. At such tithe as the loans, advanc- es, indebtedness, bonds and interest thereon of the City of Iowa City, Iowa referred to in Sec- tion 3 hereof have been paid, all monies there- after received from taxes upon the taxable property in the Urban Renewal Project Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. SECTION 6. All ordinances or parts of ordinanc- es in conflict with the provisions of this Ordi- nance are hereby repealed. The provisions of this Ordinance are intended and shall be con- strued so as to fully implement the provisions of Section 403.19 of the Code of Iowa, as amended, with respect to the division of taxes from property within the Urban Renewal Project Area as described above. In the event that any Ordinance No. Page 5 provision of this Ordinance shall be determined to be contrary to law, it shall not affect other provisions or application of this Ordinance which shall at all times be construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with reference to the Urban Re- newal Project Area and the territory contained therein. SECTION 7. This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Passed and approved this day of ,1997. MAYOR ATTEST: CITY CLERK Read First Time: May 20 , 1997 Vote for passage: AYES: Norton, Novick, Thornberry, Lehman. NAYS: Kubby. ABSENT: None. Read Second Time: June 3 ,1997 Vote for passage:AYES: Novick, Thornbetray, Norton. NAYS: Kubby. ABSENT: None. Read Third Time: ,1997 Vote for passage: I, , City Clerk of the City of Iowa City, Iowa, hereby certify that the above and foregoing is a true copy of Ordinance No. __ passed and approved by the City Council of said City at a meeting held , 1997, signed bythe Mayor on , 1997, and published in the on , 1997. City Clerk, Iowa City, Iowa Vanderhoef, Vanderhoef, Baker, Baker, Lehman, (SEAL) ecodev/scottsix.ord Contact Person: Dennis Mitchell, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 97-3792 AN ORDINANCE CREATING A POLICE CITIZEN'S REVIEW BOARD TO ASSIST THE CITY IN PROCESSING CITIZEN COMPLAINTS CONCERNING THE POLICE DEPARTMENT AND ASSURING THE POLICE DEPARTMENT IS RESPONSIVE TO COMMUNITY NEEDS. WHEREAS, the City Council for the City of Iowa City desires to create a police citizen's review board ("PCRB") to assure that investigations into claims of police misconduct are conducted in a manner which is fair, thorough, and accurate; and WHEREAS, the PCRB is designed to assist the Police Chief, the City Manager and the City Council in evaluating the overall performance of the Police Department as a whole, by having the PCRB review the Police Department's investigation into complaints; and WHEREAS, the combination of these two purposes will better assure the citizens of Iowa City that the Iowa City Police Department's performance is in keeping with community standards. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: SECTION I. Title 8, entitled "Police", is hereby amended by adding a Chapter 8, entitled "Police Citizens Review Board" as follows: 1. Creation of a Police Citizen Review Board. As permitted under Iowa's home rule authority, the City of Iowa City hereby creates a Police Citizen's Review Board, to be hereafter referred to as the "Board," subject to the duties and limited powers set forth herein. 2. Intent, Goals and Guiding Principles. A. Investigations into claims of inappropriate conduct by sworn police officers will be conducted in a manner which is fair, thorough, and accurate. B. An annual reporting system regarding complaints against sworn police officers will be established to give the City Council sufficient information to assess Ordinance No. 97-3792 Page 2 the overall performance of the Iowa City Police Department in these matters. C. The Board will: (1)- Oversee a monitoring system for tracking receipt of complaints lodged against sworn police officers; (2) Provide oversight of police investigations through review of such investigations; (3) Provide the opportunity for a hearing to the police officer if the Board's findings on the complaint are critical of the police officer, as required by constitutional law, and give both the police officer and the complainant the opportunity to present testimony and evidence; (4) Issue a final Public Report on each complaint to the City Council which sets forth factual findings and a written conclusion which explains why and the extent to which the complaint is either "sustained" or "not sustained" D. The Board shall have no authority over police disciplinary matters because only the Police Chief or City Manager may impose discipline under Iowa law. E. No findings in the Board's Report shall be used in any other legal proceeding. F. The Board shall only review the conduct of sworn police officers and shall only act in a civil, not criminal, capacity. The Board is not intended to be a court of law, a tort claim process or other litigation process. No action of the Board shall be deemed to diminish or limit the right of any person to file a claim or a lawsuit against the City. G. A complaint may be filed by any person with personal knowledge of an incident. Personal knowledge means the complainant was directly involved in the incident or witnessed the incident. If the person with personal knowledge is underage or otherwise unable to complete a complaint form, the oomplaint may be filed by such person's designated representative. The City Manager, the Police Chief, the City Council, or the Board may file a complaint based upon a reasonable belief that police misconduct has occurred regardless of personal knowledge. H. In order to assure that people feel confident in the complaint process, non- Ordinance No. 97-3792 Page 3 police City staff shall be available at a public location other than the police department to receive complaints, although complaints may also be filed at the police department. Formal mediation shall be available to the complainant(s) and the police officer(s) at any time during the process. I. The Board shall not interfere with or diminish the legal rights of sworn police officers, including those rights protected under the union contract, Civil Service Commission, and state and federal law. Similarly, the Board shall respect the rights of privacy and freedom from defamation shared by complainants and witnesses, as well as those same rights enjoyed by police officers under the law. J. The City Council finds that internal accountability within the Police Depart- ment is a valid legislative purpose, and one method of accomplishing such internal accountability is to have the police do their own investigations into claims of inappropriate police conduct. If a complaint is asserted against the Police Chief, the City Manager will investigate the claim and report to the Board and the City Council. K. Investigation of all formal complaints is a mandatory duty of the Police Chief, and a report of each complaint investigation shall be given to the Board. Such reports to the Board shall include the factual findings of the Police Chief as well as a written conclusion explaining why and the extent to which a complaint is either "sustained" or "not sustained". However, such reports shall not include discipline or other personnel matters. If the Police Chief and the City Manager find the police officer's actions constitute misconduct and discipline is imposed by the Police Chief or City Manager, the internal affairs investigation may become a public record to be released by the City Attorney to the extent provided by law. L. In order to assure external account- ability of the actions of the Police Department, all formal complaint investigations shall be reviewed by the Board and reported to the City Council. M. External accountability will further be provided by the Board's maintenance of a central registry of all formal complaints. In addition to the central registry, the Ordinance No. 97-3792 Page 4 Board shall provide an annual report to the City Council, which report shall be public and shall set forth the general types and numbers of complaints, how they were resolved, demographic information, and recommendations as to how the Police Department may improve its community relations or be more responsive to community needs. N. The Board shall have oversight authority to review police practices, procedures, and written policies as those practices and procedures relate to the Police Department's performance as a whole, and shall report same to the City Council, including any recommended changes. 3. Definition of 'Complaint; Complaint Process in General. A. A "complaint" is an allegation of misconduct lodged against a sworn police officer ("police officer" or "officer") employed by the Iowa City Police Department, where the complained-of activity occurred while the officer was acting in the capacity of a sworn police officer. B. Any person with "personal knowledge" of the alleged police misconduct may file a complaint with the Board or with the Iowa City Police Department. In order to have "personal knowledge", the complainant must have been directly involved in the incident or witnessed the incident. If the person with personal knowledge is underage or otherwise unable to complete a complaint form, the complaint may be filed by such person's designated representative. The City Manager, the Police Chief, the City Council or the Board itself may file a complaint based on a reasonable belief that police misconduct has occurred regardless of personal knowledge. The person or official filing the complaint may hereafter be referred to as the "complainant". C. All complaints filed with the Board or the Iowa City Police Department shall be in writing and on forms provided by the Board. Complaint forms shall be available to the public, in easily accessible locations, and non-police staff shall be available to receive the complaint forms. Assistance may be available to complete the form as designated by the Board. Ordinance No. 97-3792 Page 5 D. All complaints must be filed with either the Board or the Iowa City Police Department within sixty (60) days of the alleged misconduct. E. Only those complaints which do not involve the conduct of an Iowa City sworn police officer or are not filed within sixty (60) days of the alleged misconduct may be subject to summary dismissal by the Board. 4. Formal Mediation. A. Formal mediation shall be the responsibility of the Board, and shall be available to the complainant(s) and police officer(s) at any stage of the process upon consent of all involved parties and as provided by the Board. Upon the filing of a complaint, all complainants shall be informed that formal mediation is available. A complainant may also meet informally with the police officer and the watch commander of the police officer if the complainant wishes to do so. B. If a complaint is successfully mediated, the terms of the mediation agreement shall be set forth in writing, and shall be kept confidential to the extent allowed by law; but the status of settlement shall be maintained in the Board's central registry for reporting in the Board's annual report. There shall be no retaliation against police officers who choose not to mediate. 5. Police Department and Police Chief Investigatory Duties; City Manager Investigatory Duties. A. The Police Department shall forward copies of all complaints received to the Board. If the complaint concerns the Police Chief, a copy of the complaint shall also be forwarded to the City Manager. B. Investigation. It shall be the mandatory duty of the Police Chief to do the following: (1) Prior to investigation of any complaint, the Police Chief shall first give Garrity and Gardner advice to all police officers implicated in the complaint, as required by constitutional law. This means the officer cannot be required to waive the officer's constitutional right against self- incrimination. However, the officer may be required to answer questions during the investigation as a condition of the officer's employment, but any Ordinance No. 97-3792 Page 6 admissions made by the officer cannot be used against the officer in a criminal proceeding. (2) Notify the complainant and the police officer who is the subject of the complaint that formal mediation is available at any time during the police department's investigation and the Board's review. The Police Chief may also notify the complainant that the complainant may meet informally with the police officer and the watch commander of the police officer if the complainant wishes to do so. (3) Assign the complaint to designated investigators within the Police Department for investigation into the factual allegations of the complaint. (4) The complainant shall be interviewed by the Police Department and shall be entitled to have a neutral City staff person or some other person chosen by the complainant present during the interview. The police officer is entitled to have a union steward present during any interviews. (5) Investigators will prepare and forward a report of their investigation to the Police Chief, and shall make detailed findings of fact as to the allegations in the complaint, and shall also set forth a written conclusion which explains why and the extent to which the complaint is either "sustained" or "not sustained". C. If litigation, including criminal charges, relating to the matter of the complaint is commenced or is being contemplated by or against any party to the complaint, the Police Department, the Police Chief and/or the Board shall consult with the City Attorney and/or the Board's own attorney on a case-by-case basis, to determine whether and how the investigation of the complaint should proceed. D. If a complaint is filed concerning the Police Chief's conduct, the City Manager shall investigate or cause an investigation to be completed. E. Nothing in this ordinance shall prevent the Police Chief or the City Manager from taking disciplinary action prior to the Board's review of the complaint. 6. Police Chief's Report to the Board; City Manager's Report to the Board A. The Police Chief shall receive the designated investigators' report within the Ordinance No. 97-3792 Page 7 time frame indicated by the Police Chief. The Police Chief shall conduct a review of the investigators' report, and may do any or all of the following: conduct interviews or request the police investigators to conduct additional investigations; request additional information, or that additional questions be asked; interview or direct that other persons or witnesses be interviewed; request that other documents be reviewed and/or retrieved; and any other investigative matters the Police Chief deems appropriate. B. The Police Chief will consult with the City Personnel Administrator and the City Attorney prior to finalizing the Police Chief's Report to the Board, and shall then forward this Report to the Board, which shall include the following: (1) Detailed written findings of fact concerning the allegations in the complaint; (2) A written conclusion which explains why and the extent to which the complaint is either "sustained" or "not sustained"; and (3) Recommended remedial actions, if any, including amending current policies or adopting new policies. C. The Police Chief's Report to the Board shall not include discipline or personnel matters. D. A copy of the Police Chief's Report to the Board shall be given to the police officer, the complainant, and the City Manager. If the complaint concerns the Police Chief, copies of the City Manager's Report to the Board shall be given to the Police Chief, the complainant, and the City Council. E. The Police Chief's Report to the Board shall be completed within thirty (30) calendar days after complaint is filed. The Board may grant extensions from this deadline for good cause shown. F. All investigations shall be performed in a manner designed to produce a minimum of inconvenience and embarrassment to all parties--including the complainant, the police officer, and other witnesses. G. If a complaint is filed concerning the Police Chief, the City Manager's Report shall include the same findings of fact and conclusions as required for the Police Chief's Report to the Board. Ordinance No. 97-3792 Page 8 7. Duties of the Board: Complaint Review and General Duties A. The Board shall forward copies of all complaints received to the Police Chief for investigation; or where the complaint concerns the Police Chief, forward a copy of the complaint to the City Manager for investigation, B. Review of Police Chief's Report or City Manager's Report. (1) The Board shall review all Police Chief's Reports and City Manager's Reports concerning complaints, The Board shall decide, on a simple majority vote, the level of review to give each Police Chief's or City Manager's Report, and the Board may select any or all of the following levels of review: a, On the record with no additional investigation; b. Interview/meet with complainant; c. Interview/meet with named officer(s) and other officers; d. Request additional investigation by the Police Chief or City Manager, or request police assistance in the Board's own investigation; e. Performance by Board of its own additional investigation; 'f. Hire independent investigators. (2) The Board shall apply a "reasonable basis" standard of review when reviewing the Police Chief's or City Manager's Report. This requires the Board to give deference to the Police Chief's or City Manager's Report because of the Police Chief's and City Manager's respective professional expertise. The Board may recommend that the Police Chief or City Manager reverse or modify their findings only if: a. the findings are unsupported by substantial evidence; b. the findings are unreasonable, arbitrary or capricious; or c. the findings are contrary to a police department Ordinance No. 97-3792 Page 9 policy or practice, or any federal, state, or local law. When collecting and reviewing additional evidence, the Board shall rely on evidence which reasonably prudent persons are accustomed to rely upon in the conduct of their serious affairs. (3) At the conclusion of the Board's review, the Board shall issue a Public Report to the City Council concerning the complaint investigation. Such Public Report shall include detailed findings of fact concerning the complaint, together with a clearly articulated conclusion which explains why and the extent to which the complaint is "sustained" or "not sustained". This Public Report shall not include the names of the complainant or the police officers unless the complaint is sustained. In addition, this Public Report shall not include any discipline or personnel matters, although the Board may comment generally as to whether the Board believes discipline is appropriate without commenting on the extent or form of the discipline. A copy of this Public Report to the City Council shall be given to the complainant, the police officer, the Police Chief and the City Manager. (4) The Board shall not issue a Report which is critical of the sworn police officer's conduct until after a "name-clearing hearing" has been held, consistent with constitutional due process law. The Board shall give notice of such hearing to both the police officer and the complainant so that they may testify before the Board and present additional relevant evidence. The Board shall be responsible for protection of all state and federal rights enjoyed by both the officer and the complainant. The officer may waive the right to this hearing upon written waiver submitted to the Board. (5) If the Board's Report is not critical of the officer's conduct, the Board is not required by law to offer a hearing to the officer, but the Board may hold hearings as deemed appropriate by the Board. Ordinance No. 97-3792 Page 10 (6) The Board's Report to the City Council shall be completed within thirty (30) calendar days of receipt of the Chief's or City Manager's Report. The City Council may grant requests for extensions to this deadline upon good cause shown. (7) Nothing in this ordinance shall in any way impede or interfere with the Police Chief's and the City Manager's lawful ability to perform their personnel supervisory duties over sworn police officers, including the ability to impose discipline as deemed appropriate by the Police Chief or City Manager. (8) No findings or Report submitted to the Board or prepared by the Board shall be used in any other proceedings. C. General Powers and Duties. The Board shall also carry out the following duties: (1) Maintain a central registry of complaints. (2) Collect data and do an annual report to the City Council which shall be public and shall set forth the general types and numbers of complaints, disposition of the com- plaints, the discipline which was imposed, if any, and demographic information. This annual report shall not include the names of the complainants or officers involved in complainants which were not sustained, and shall otherwise be in a form which protects the confidentiality of the parties while providing the public with information on the overall performance of the Police Department. The Board's annual report may also include recommended changes in police practices, policies or procedures. (3) In addition to the annual report, the Board shall, from time to time, report to the City Council on police practices, procedures and policies, including recommended changes, if appropriate. (4) The Board shall adopt procedural rules and by-laws governing the Board's activities, including the receipt and processing of complaints, and such procedural Ordinance No. 97-3792 Page 11 o Board. A. rules and by-laws shall be approved by the City Council. Board Composition; Limited Powers of the the Board Composition. (1) The Board shall consist of five (5) members appointed by the City Council, who shall be Iowa City eligible electors and shall serve without compensation. The City Council shall strive to appoint members who represent the diversity of the community. Appointments to the Board shall include one current or former "peace officer" as that term is defined by state law. The City Council reserves the right to waive the residency requirement for good cause shown. The City Council also reserves the right, for good cause shown, to waive the requirement that the Board include one current or former "peace officer." (2) Following final adoption and publication of this ordinance, the City Council shall appoint members to the Board for staggered terms. All appointments shall be for a four (4) year term, except for the initial appointments which shall be as follows: One (1) person appointed for a two (2)-year term Two (2) persons appointed for a three (3)-year term Two (2) persons appointed for a four (4)-year term (3) Training shall be available to all Board members to enable them to perform the duties imposed herein, including training on Iowa's public records and open meetings laws. Limited Powers. The Board shall have following limited powers: (1) On its own motion, by a simple majority vote of all members of the Board, the Board may file a complaint. (2) The Board shall decide the level of review to give the Police Chief's or City Manager's Report by a simple majority vote of all members of the Board. (3) The Board has no power to review police officer personnel records or disciplinary matters except Ordinance No. 97-3792 Page 12 to the extent such matters are made public by the City Attorney. (4) The Board has only limited civil, administrative review powers, and has no power or authority over criminal matters. The Board is not a court of law, and is not intended to substitute as a tort claims procedure or as litigation against the City. (5) If criminal charges are brought or are being considered against a particular police officer(s), the Board's review or investigation may proceed with interviewing other officers or witnesses, or collecting documents, as appropriate. Any statements given by an officer who is subject to criminal ihvestigation cannot later be used against the officer in a criminal proceeding, as provided under the Fifth Amendment to the U.S. Constitution, unless such constitutional right is waived. (6) The Board may obtain outside counsel and independent investigators in order to carry out the Board's duties. (7) The Board may hold general informational hearings concerning Police Department practices, procedures or written policies, and such hearings will be public. The Board shall then report the results of such general informational hearings to the City Council, as the Board deems appropriate. 9. Police Officer's and Complainant's Rights Preserved. A. All rights enjoyed by sworn police officers employed by the City of Iowa City are preserved in this ordinance, and nothing herein is intended to waive, diminish or interfere with any such rights protected by the union contract, Iowa's Civil Service Commission laws and other applicable state and federal laws. B. All common law rights enjoyed by complainants and police officers, such as privacy and freedom from defamation, shall be protected during the process set out in this ordinance, and it shall be the Board's duty to protect said rights. C. Notwithstanding the above provisions, no Board member shall be liable to any person for damages or equitable relief by reason of any Ordinance No. 97-3792 Page 13 investigation or recommendation or report made by either a Board member or by the Board itself. 10. Sunset Clause. This ordinance shall be automatically repealed on August 1, 2001 unless re-enacted by City Council. SECTION II. REPEALER, All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its' final passage, approval and publication, as provided by law. Passed and approved this 15f, h day of Jul.y ,1997. MAYORL ~ ATTEST: CL~ Z~. CITY City Attorney's Office /dennis.mit/crb/ordnws. 617 Ordinance No. 97-3792 Page 14 It was moved by Kubb.y and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Baker X Kubby X Lehman X Norton X Novick X Thornberry X Vanderhoef Lehman that the First Consideration 6/3/97 Vote for passage: AYES: Norton, Lehman. NAYS: Vanderhoef. ABSENT: Second Consideration 6/17/97 Voter or passage:AYES: Lehman, Kubby. NAYS: Vanderhoef. ABSENT: Date published 7/23/97 Novick, None. Norton, None. Thornberry, Baker, Novick, Thornberry, Kubby, Baker, Ordinance No. Page 14 Passed and approved this '~ ,1997. X~AYOR ATTEST: X~xl TY CLERK City Attorne~(~s Office , It was moved by and seconded by adopted, and upon roll call there were': ~ AYES: NAYS: ABSENT: Baker __ Kubby __ Lehman Norton __ Novick __ Thorn[ __ Vanc ~97 day of First Consideration T h~P~ Vote for passage:A~ : Norton, Novick, berr~v, NAYS: Vanderhoef. ABSENT: None. Second 6/17/97 Vote for pass)~e: AYES: Lehman, Norton, NAYS: Vand~'rhoef. ABSENT: None. Date publish/~ dennis,mit\¢r that the Ordinance as read be Baker, Kubby, Lehman. Novi~Thornberry, Baker, Kubby. Contact Person: Dennis Mitchell, Asst. Attorney, 410 E. Washington Street, Iowa City, 52240; 319-356-5030 ORDINANCE NO. amended by adding a Chapter entitled "Police Citizens Review Board" as ows: 1. Creation of a Police Citizen Revi~ Board. As permitted under Iowa's rule authority, the City of Iowa City hereby ~ates a Police Citizen's Review Board, to be referred to as the "Board," subject to the ,~s and limited powers set forth herein. 2. Intent, Goals and Guiding Principles. A. Investigations into claims inappropriate conduct by sworn police officers will be conducted in a manner which is fair, thorough, and accurate. B. An annual reporting system regarding complaints against sworn police officers will be established to give the City Council sufficient information to assess are ~n a manner which is fair, thorough, accurate; and WF :he PCRB is designed to assist the Police Ch City Manager and the City Council the overall performance of the as a whole, by having the the Police Department's inw ation into ~plaints; and ~, the bination of these two will better ~re the citizens of Iowa that the Iowa Police Department's performance is in kee with community standards. NOW, THEREFORE, BE ',DAINED BY THE CITY COUNCIL OF THE F IOWA CITY, IOWA THAT: SECTION I. Title 8, entitled ", is hereby sANORDINANCE CREATING POLICE CITIZEN'S REVIEW BOARD, TO ~T THE CITY IN PROCESSING CITI;.EN/ LAINTS ONCERNING THE POLICE E E~A ~IT AND SURING THE POLICE DEP, -.'NT IS -I~PONSIVE TO COMMI},I~ITY NEEDS. WI~EREAS, the ~:ily un:il for the City of Iowa~City desires t~ ire a police citizen's !eview~ board ) to assure that investig~ of police misconduct Ordinance No. Page 2 the overall performance of the Iowa City Police Department in these matters. C. The Board will: (1) Oversee a monitoring system for tracking receipt of complaints lodged against sworn police officers; (2) Provide oversight of police investigations through review of such investigations; (3) Provide the opportunity for a hearing to the police officer if the Board's findings on the complaint ar.e critical of the police officer, ,aS required by constitutional law,.,'~nd give both the police officer aD~ the complainant the opportu/~ty to present testimony and evid/enoe; (z~) Issue a final Public/ Report on ,aoh complaint to Council sets forth findings and a ritten explains and the to which the corn dnt is e "sustained" or "not D. The have no authority over police d olinary matters because only the Polic lief or City Manager may impose ~nder Iowa law. E. No fin, e Board's Report shall be used any ~legal proceeding. F. The' Board shall~only review the co ~d~'ct of sworn polic~,officers and shall only/act in a civil, not cl~,minal, capacity. Th/~ Boa 'd is not intended~,o be a court of I.~N., .a tort claim proc~tss or other [itigatior process. No action~of the Board shall be deemed to diminish~r limit the right of any person,to file a ~,laim or a lawsuit against the City. ~ G. A complaint may be filed ~)y any person with personal knowledge~of an incident. Personal knowledge mea~s the complainant was directly involved ir~the incident or witnessed the incident. If~he person with personal knowledge Us underage or otherwise unable to complet~ a complaint form, the complaint may be~ filed by such person's designated representative. The City Manager, the Police Chief, the City Council, or the reasonable belief that police misconduct has occurred regardless of personal knowledge. ~, H. In order to assure.that people feel confident in the complaint process, non- Ordinance No. Page 3 police City staff shall be available at a public location other than the police department to receive complaints, although complaints may also be filed at the police department. Formal mediation hall be available to the complainant(s) the police officer(s) at any time ~g the process. I. e Board shall not interfere with or the legal rights of sworn police officers ncluding those rights protected under union contract, Civil Service Commissic and state and federal law. Similarly, Board shall respect the rights of icy and freedom from defamation ,~d by complainants and witnesses, as as those same rights enjoyed by police under the law. J. The City Coun, finds that internal accountability the Police De ment is a valid le ive purpose, one method of internal accountability to haw the police do their own into claims of inappropriate If a complaint is asserted again ~e Police Chief, the City Manager wil ~vestigate the claim and report to the and the City Council. K. Investigation of all ~laints is a mandatory duty Police ~ief, and a report o each corn int investigation shall given to the Such reports to Board shall incl the factual fine s of the Police Chief well as a conclusion explaining why and t to which a complaint is either or "not sustained". Howew such reports shall not include disci or other personnel matters. If the Chief and the City Manager officer's actions constitute and discipline is imposed by Police Chief or City Manager, the affairs investigation may become a public record to be released by the City Attorney to the extent provided by law. L. In order to assure external account- ability of the actions of the Police Department, all formal complaint investigations shall be reviewed by the Board and reported to the City Council. M. External accountability will further be provided by the Board's maintenance of a central registry of all formal complaints. In addition to the central registry, the Ordinance No. Page 4 Board shall provide an annual report to the City Council, which report shall be public and shall set forth the general types and numbers of complaints, how they were resolved, demographic information, and recommendations as to how the Police Department may improve its community relations or be more ;sponsive to community needs. The Board shall have oversight to review police practices, lures, and written policies as those practi( and procedures relate to the Police )artment's performance as whole, shall report same to the Ci Council, duding any recommen changes. 3. Definition Complaint; Co ~laint Process in A. A "corn t" is an all~ of misconduct lode against a police officer ("police "officer") employed by City Police Department, where complained-of activity occurred wh the officer was acting in the capaci a sworn police officer. B. Any pers¢ .,,\ "personal knowledge" ~ the alli~ed police misconduct ~iy file a compla'i~t with the Board or Ih the Iow,a~,,~C~y Police Departme In order to have ~ersonal knowled/gte", the complainant t have been ~l~rectly involved in the ~nt or witn)Jssed the incident. If the rson w~h personal knowledge is undera ~,or ~herwise unable to complete a coml a~t /~form, the complaint may be filed by person's designated representative. The City Manager, the Police Chief, the City Council or the Board itself may file a complaint based on a reasonable belief that police misconduct has occurred regardless of personal knowledge. The person or official filing the complaint may hereafter be referred to as the "complainant". C. All complaints filed with the Board or the Iowa City Police Department shall be in writing and on forms provided by the Board. Complaint forms shall be available to the public, in easily accessible locations, and non-police staff shall be available to receive the complaint forms. Assistance may be available to complete the form as designated by the Board. Ordinance No. Page 5 D. All complaints must be filed with either the Board or the Iowa City Police Department within sixty (60) days of the alleged misconduct. E. Only those complaints which do not involve the conduct of an Iowa City sworn police officer or are not filed within sixty (60) days of the alleged misconduct may be subject to summary dismissal by he Board. )rmal Mediation. Formal mediation shall res )nsibility of the Board, and ~le to the complainant(s) a~ office i) at any 'stage of upon ~sent of all as d by the Board. of a corn dnt, all compl informed ~at form available. A informally watch cornmar the complainant B. If a cot mediated, agreement and shall kept ~fidential to the extent by law; Jt the status of shall be in the Boar central registry reporting in annual report. ;re shall be n against police cers who not to mediate. Department and Chief ry Duties; City ager Duties. A. The Police Department shall ~rd copies of all complaints received to Board. If the complaint concerns Police Chief, a copy of the complaint shall also be forwarded to the City Manager. B. Investigation. It shall be the mandatory duty of the Police Chief to do the following: (1) Prior to investigation of any complaint, the Police Chief shall first give Garrity and Gardner advice to all police officers implicated in the complaint, as required by constitutional law. This means the officer cannot be required to waive the officer's constitutional right against self- incrimination. However, the officer may be required to answer questions during the investigation as a condition of the officer's employment, but any be be police )rocess and ~on the filing shall be mediation is may also meet officer and the ,f the police officer if ishes to do so, nt is successfully of the mediation forth in writing, Ordinance No. Page 6 admissions made by the officer cannot be used against the officer in a criminal proceeding. (2) Notify the complainant and the police officer who is the subject of the complaint that formal mediation is available at any time during the police department's investigation and the Board's review. The Police Chief may also notify the complainant that th complainant may meet informally the police officer and the ommander of the police officer the wishes to do so. Assign the comp nated investigators Department for ~al allegations of (4) complain d by the P, and shall entitled to the ation into complaint. shall be Department have a neutral City staff other person chosen by present during the int~ w, The police officer is entitled to a union steward present interviews. (5) Inv 's will prepare and forward a eir investigation to the and ~all make detailed findin fact as to ~e allegations in the c, )laint, and sna~ ~lso set forth a wril conclusion which~xplains why an the extent to which tt~ complaint ,i~ :her "sustained" or "not'~stained". C. If litigation, including criminalScharges, r? ,ting to the matter of the co.m.~,aint is So nmenced or is being contemplate~l~by or against any party to the complaint,~the Police Department, the Police Chief anchor the Board shall consult with the Ci~ Attorney and/or the Board's own attorn. ey~ on a case-by-case basis, to determine whether and how the investigation of the complaint should proceed. D. If a complaint is filed concerning the Police Chief's conduct, the City Mana.ger shall investigate or cause an investigation to be completed. E. Nothing in this ordinance shall prevent the Police Chief or the City Manager from taking disciplinary action prior to the Board's review of the complaint. 6. Police Chief's Report to the Board; City Manager's Report to the Board A. The Police Chief shall receive the designated investigators' report within the Ordinance No. Page 7 time frame indicated by the Police Chief. The Police Chief shall conduct a review of the investigators' report, and may do any or all of the following: conduct interviews or request the police investigators to conduct additional investigations; request additional information, or that additional questions be asked; interview or direct that other persons or witnesses be interviewed; request that other documents be reviewec and/or retrieved; and any investigative matters the Police deems appropriate. The Police Chief will consult the Personnel Administrator an¢ City 'ney prior to finalizing e Police Report to the Board, a shall then this Report to the which shall de the following (1) written s of fact concernin the a ations in the complaint; (2) A why and complaint is e sustained"; a (3) any, incluc or adopti new C. The shall n ;ion which explains to which the "sustained" or "not ,~medial actions, if current policies Chief's Re rt to the Board include disci or personnel D. of the Police Report to Board shall be given to police the complainant, and he City Manager. If the complaint conc 'ns the Police Chief, copies of the City ~ger's Report to the Board shall be given the Police Chief, the complainant, and :ity Council. E. The Police Chief's Report to the shall be completed within thirty calendar days after complaint is filed. The Board may grant extensions from this deadline for good cause shown. F. All investigations shall be performed in a manner designed to produce a minimum of inconvenience and embarrassment to parties--including the complainant, the police officer, and other witnesses. G. If a complaint is filed concerning the Police Chief, the City Manager's Report shall include the same findings of fact and conclusions as required for the Police Chief's Report to the Board. Ordinance No. Page 8 . Duties of the Board: Complaint Review and General Duties A. The Board shall forward copies of all complaints received to the Police Chief for investigation; or where the complaint concerns the Police Chief, forward a copy of the complaint to the City Manager for investigation. B. Review of Police Chief's Report or City Manager's Report. (1) The Board shall review all Police Chief's Reports and City Manager's Reports concerning complaints. The shall decide, on a simple ~jority vote, the level of review to each Police Chief's or City ler's Report, and the Board may ~ny or all of the following levels eview: ao On the record with no ~al investigation; b. ~terview/meet with tom ~t; c. 'meet with named and other officers; y d. Req investigation b' Chie:f/j or City reg~est police additional the Police ]nager, or nce in the B/bard's own investi !e. Performance Board of its own add ~,o n a I investigation; ~ f. Hire independu=~t investigators. ~ The Board shall apply a~ "reasonable basis" standard of review when reviewing the Police Chief's or City _Manager's Report. This requires the Board to give deference to the Police Chief's or City Manager's Report because of the Police Chief's and City Manager's respective professional expertise. The Board may recommend that the Police Chief o.r .Cit,.y Manager reverse or modify their findings only if: ~ a. the findings are unsupported by substantial evidence; ~ b. the findings are unre. a.sonable, arbitrary or capricious; or ~ c. the findings are contrary to a police department Ordinance No. Page 9 policy or practice, or any federal, state, or local law. When collecting and reviewing additional evidence, the Board shall rely on evidence which reasonably prudent persons are accustomed to rely upon in the conduct of their serious affairs. (3) At the conclusion of the Board's review, the Board shall issue a Public Report to the City Council concerning the complaint investigation. Such Public Report//' hall include detailed findings of fac.t/ · the complaint, togetb/er a clearly articulated conclusion explains why and the extent to he complaint is "sustained" or "not This Public Report shall n¢lude the names of the com or the police officers unless the ~laint iS sustained. In addition, ~ublic Report shall not include any Jline or personnel matters, althou the Board may comment generall' as to whether the Board believes discipline is appropriate g on the extent or form ~e discipline. A copy of this Public to the City Council shall be :~z~n to the complainant, the police o~cer, the Police Chief and the City Manager. (4) The Board shall not i.~,sue a Report which is critical of the ~,worn police officer's conduct until after a "name-clearing hearing" has b~en held, consistent with constitution'~l due process law. The Board sha~l, give notice of such hearing to both~ the police officer and the complainant ~ so that they may testify before the Board and present additional relevant evidence. The Board shall be responsible for protection of all state and federal rights enjoyed by both the officer and the complainant. The officer may waive the right to this hearing upon written waiver submitted to the Board. ~ (5) If the Board's Report is not critical of the officer's conduct, the Board is not required by law to offer a hearing to the officer, but the Board may hold hearings as deemed appropriate by the Board. Ordinance No. Page 10 (6) The Board's Report to the City Council shall be completed within thirty (30) calendar days of receipt of/ the Chief's or City Manager's Report// The City Council may grant requests for extensions to this deadline L).15on good cause shown. / (7) Nothing in this ordinan~/e shall in any way impede or inter~bre with the Police Chief's and/the City Manager's lawful ability/to perform their personnel supervisory duties over sworn police c i~:ers, including the ability to imp( ; discipline as deemed appropri~ by the Police or City Ma~ er. C. General shall also carr (1) No findin or Report submitted to Board by the Board in any other and Duties. The Board Jt the following duties: a central registry of oomp (2) Collect d~a and do an annual rel: to the Cit~,Council which shall b~/ )ublic and sh~11 set forth the ~e~ ~ral types any numbers of 'oo~ plaints, dispositib~n of the com- plaints, the disciplinb~ which was imposed, if any, and '~emographic information. This annual~eport shall not include the name~ of the complainants or officers in~,olved in complainants which wer'~ not sustained, and shall otherwise ~e in a form which protects ~the confidentiality of the parties providing the public with n on the overall performance of Police Department. The annual report may also include recommended changes in police practices, policies or procedures. (3) In addition to the annual report, the Board shall, from time to time, report to the City Council on police practices, procedures and policies, including recommended changes, if appropriate. (4) The Board shall adopt procedural rules and by-laws governing the Board's activities, including the receipt and processing of complaints, and such procedural Ordinance No. Page 1 1 Board. A. rules and by-laws shall be approved by the City Council. Board Composition; Limited Powers of the Board Composition. (1) The Board shall consist of five (5) members appointed by the City Council, who shall be Iowa City eligible electors and shall serve without compensation. The City Council shall strive to appoint who represent the diversity the community. Appointments to Board shall include one current or "peace officer" as that term is by state law. The City reserves the right to the ~cy requirement for cause n. (2) ~g final adopti and publication his ordin~ City ~oint mem to the 'ms. All a four (4) the initial shall be as Council shall a Board for appointments year term, excep appointments wh follows: One (1) two (2)-year Two persons a three (3 ,ear term (2) persons :ed for 8 four ¢ear term (3) shall be av. all members to enable to p the duties imposed training on Iowa's and open meetings laws. Limited Powers. The Board shall have following limited powers: (1) On its own motion, by a simple majority vote of all members of the Board, the Board may file a complaint. (2) The Board shall decide the level of review to give the Police Chief's or City Manager's Report by a simple majority vote of all members of the Board. (3) The Board has no power to review police officer personnel records or disciplinary matters except to the extent such matters are made public by the City Attorney. (4) The Board has only limited civil, administrative review powers, and ,ointed for a )inted for Ordinance No. Page 1 2 has no power or authority over criminal matters. The Board is not a court of law, and is not intended to substitute as a tort claims procedure or as litigation against the City. (5) If criminal charges are brought or are being considered against a particular police officer(s), the Board's review or investigation may proceed with interviewing other of~ficers or witnesses, or collecting d~ecuments, as appropriate. Any state,rfients given an officer who i~'" subject to iminal investigation t, Cannot later be against the of¢icer in a criminal eding, as pr~0vided under the Fifth Amendme~t to the U.S. Con unless such constitL ht is waived. (6) ard may obtain outside counsel ar gators in order?to .,arry out the Board's duties., (7) ,The may hold general informational P~,(ice De ~nt ~,f:ocedures or ~r jsuch hearings will b~ j Board shall then repor / such generalinformati, ?'the City Council, as the appropriate. Police Officer's and Com reserved. A. All rights enjoyed by rings concerning practices, policies, and public. The :he results of hearings to ard deems Rights ~olice officers employed by the City City are preserved in this ordinance nd nothing herein is intended to diminish or interfere with any such protected by the union contract, Civil Service Commission laws and other applicable state and federal laws. B. All common law rights enjoyed by complainants and police officers, such as privacy and freedom from defamation, shall be protected during the process set out in this ordinance, and it shall be the Board's duty to protect said rights. C. Notwithstanding the above provisions, no Board member shall be liable to any person for damages or equitable relief by reason of any investigation or recommendation or report made by either a Board member or by the Board itself. Ordinance No. Page 13 // 10. Sunset Clause. This ordinance shall be automatically repealed on August 1, 2001 unless re-enacted by City Council. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This, 0rdi- ~ance shall be in effect after its final p~'~sage, )roval and publication, as providedl~y law. and approved this ,, day of ,1997. MAYOR ATTEST: CITY K A Ci' Attorney's,, Office~ /dennis.mi~t/crblordnws.617 / City of Iowa City MEMORANDUM To: From: Date: Re: The Honorable Mayor Naomi Novick and Members of the City Council Dennis Mitchell, Assistant City Attorney ~j~,~ July 10, 1997 PCRB Ordinance Our office recommends that Paragraph 8(A)(1) of the PCRB ordinance be amended to read as follows: The Board shall consist of five (5) members appointed by the City Council, who shall be Iowa City eligible electors and shall serve without compensation. The City Council shall strive to appoint members who represent the diversity of the community. Appointments to the Board shall include one current or former "peace officer" as that term is defined by state law. The City Council reserves the right to waive the residency requirement for good cause shown. The City Council also reserves the right, for good cause shown, to waive the requirement that the Board include one current or former "peace officer." This amendment would allow the City Council to waive the "peace officer" requirement in the event the Council does not receive applications from current or former "peace officers" who are qualified to serve on the Board. Our office considers this amendment to be non-substantive, which means the City Council may have final consideration and adopt the ordinance on July 15, 1997. cc: Eleanor Dilkes, Acting City Attorney Stephen Atkins, City Manager Marian Karr, City Clerk R. J. Winkelhake, Police Chief Sarah Holecek, Assistant City Attorney Dale Helling, Assistant City Manager Prepared by: Misha Goodman-Herbst, Animal Shelter Supervisor, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5295 ORDINANCE NO. 97-3793 AN ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS", CHAPTER 3, ENTITLED "GENERAL ANIMAL REGULATIONS", SECTIONS 1,3, AND 4; AND TITLE 8, ENTITLED "POLICE REGULATIONS", CHAPTER 4, ENTITLED "PET ANIMAL CONTROL", SECTIONS 1, 2, 3, 4, 5, 6, 8, 9, 11, AND 12 OF THE CITY CODE TO PROVIDE NEW REGULATIONS REGARDING ANIMALS. WHEREAS, it is in the public interest, health and safety to prohibit and restrict certain animals within the City; to set forth certain minimum regulations regarding pet shops, animal acts or exhibitions, kennels, breeders, and restricted animals; and to prohibit future pigeon lofts and regulate current pigeon lofts. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. Title 8, Chapter 3, Section 1, entitled "Definitions", is hereby amended by repealing the definition of "Exotic Animals". SECTION II. Title 8, Chapter 3, Section 3,. entitled "Cruelty to Animals", is hereby repealed and a new Title 8, Chapter 3, Section 3, entitled "Animal Neglect", is hereby added, to read as follows: A. No person shall neglect, abandon, abuse, torture, torment, mutilate, overwork, overload, beat, kill or cause the death of any animal by any means which causes unjustified pain, distress, or suffering or fail to provide any animal with adequate care, food, water, exercise, sanitation, space, indoor and outdoor shelter or veterinary care; nor shall any person transport any animal in or upon any area of a vehicle which is not enclosed unless the animal is tethered or restrained in such a manner as to prevent the animal from being thrown from the vehicle. Ordinance No. 97-3793 Page 2 B. 1. A law enforcement or animal control officer, after consulting with a veterinarian licensed pursuant to Chapter 1 69, Code of Iowa, may rescue a neglected animal as provided in this section. The officer may enter onto private property to rescue a neglected animal if the officer obtains a search warrant issued by a court or enters onto the premises in a manner consistent with the laws of State of Iowa and the United States, including Article I, section 8, of the Constitution of the State of Iowa, and the Fourth Amendment to the Constitution of the United States. 2. If an animal is rescued pursuant to this section, the City shall provide for the maintenance of the neglected animal at the City shelter. The City may contract with an animal care provider for the maintenance of the neglected animal. The City shall post a notice in a conspicuous place at the location where the animal was rescued. The notice shall state that the animal has been rescued by the City pursuant to this section and Section 717B.5, Code of Iowa. The City shall pay the animal care provider for the animal's maintenance regardless of proceeds received from the sale of the animal or any reimbursement ordered by a court pursuant to section 717B.4, Code of Iowa. 3. The animal shall be subject to disposition as required by a court pursuant to Section 717B.4, Code of Iowa. C. The disposition of a neglected animal rescued by the City shall occur as provided in Section 717B.4, Code of Iowa. SECTION III. Title 8, Chapter 3, Section 4, entitled "Prohibited Acts and Conditions", is hereby amended by repealing subparagraph F, entitled "Exotic Animals". SECTION IV. Title 8, Chapter 4, entitled "Pet Animal Control" is hereby amended as follows: A. The title of Chapter 4 is amended by substituting the title "Animal Control" for "Pet Animal Control". B. The title of Section 8-4-5 is amended by substituting the title "Nuisances" for "Pet Nuisances". C. The definition of "Pet Animal" is hereby repealed from Section 8-4-1. D. The word "pet" is hereby repealed from the following sections: 8-4-2A, 8-4-2C, 8-4-3E(3), 8-4-4A(1 ), 8-4-4C, 8-4-5A, 8-4-5C, Ordinance No. Page 3 97-3793 8-4-5D, 8-4-5E, 8-4-8B, 8-4-8C, 8-4-8D(1), 8- 4-8F, 8-4-8G(1), and 8-4-8G(2). SECTION V. Title 8, Chapter 4, Section 1, entitled "Definitions", is hereby amended to read as follows: DEFINITIONS: As used in this Chapter, the following definitions shall apply: Animal: Any living creature, domestic or wild, except a human being. Animal Acts or Exhibitions: Any display containing one or more live animals which are exposed to public view for entertainment, instruction, or advertisement. Boarding Kennel: Any commercial place or establishment, other than the municipal animal shelter, where dogs or cats or other animals not owned by the proprietor, owner, or person in possession of the premises are sheltered, fed, watered and generally cared for in return for consideration or a fee. Breeder: Any person who causes the breeding of a male or female dog or cat, or makes or allows a dog or cat to be available for breeding, or any person who offers to sell a puppy or kitten that is a direct offspring of their adult dog or cat. All breeders must possess a valid permit issued by the Division of Animal Control. Cat Kennel: Any lot, building, structure, enclosure or premises where five (5) or more cats over the age of four (4) months are kept or maintained. Circus: An event or performance which charges members of the public an admission fee to watch trained lions, tigers, elephants, or other animals perform under the whip or command of a ringmaster, trainer, or handler. City Pound: Any public animal shelter or pound established or maintained by the City which may include any private or charitable organization or facility leased by the City or with whom the City has a contractual agreement for impoundment services. Commercial Kennel: A place or establishment where the owner or employees perform groom- ing or training services for dogs or cats in return for a consideration or fee. Defilement: To foul, dirty, pollute or make filthy, either by the pet animal's body or wastes or by the animal carrying or dragging any foul material. Do.q Kennel: Any lot, building, structure, enclosure, or premises where four (4) or more dogs over the age of four (4) months are kept or maintained. Ordinance No. 97-3793 Page 4 Do.q or Cat Show: Any place where dogs or cats are being exhibited and/or judged. Guard/Attack Do.q: A dog trained to attack persons upon the command of its master or custodian or upon the actions of an individual. Leash: A rope, line, thong, chain or other similar restraint, not more than ten feet (10')in length, of sufficient strength to hold the animal in check. Livestock: an animal belonging to the bovine, caprine, equine, ovine, or porcine species; ostriches, rheas, emus; farm deer, as defined in Section 481A.1, Code of Iowa; or poultry. Molest: Includes not only biting and scratching a human or other animal, but also any annoy- ance, interference with or meddling with any such human or animal. Motion Picture, Television, or Theatrical Performance: Any place or performance where one or more animals are used in the production of any motion picture, television, radio or theatrical performance, whether for entertain- ment, instruction, or advertising. Owner: In addition to its ordinary meaning, includes any person who owns, keeps or harbors an animal. Pet Shop: Any place of business or other commercial establishment where animals are bought, sold, exchanged, or offered for sale. Pigeon or Dove Loft: Any cage, loft, or enclosure where five (5) or more pigeons or doves are kept or maintained. Private Pro0erty: All buildings and other property owned by a private person, including buildings, yards and service and parking areas. Prohibited Animals: The following genus/species of animals are hereby declared to be prohibited: (1) Canidae within the order Carnivora (e.g., wolves, wolf-dog hybrids which are at · least fifty percent (50%) wolf, coyotes, coyote-dog hybrids which are at least fifty percent (50%) coyote, foxes, jackals), but excluding Canis Familliaris, the domestic dog. (2) Felidae within the order Carnivora (e.g., lions, tigers, jaguars, leopards, cougars, lynx, ocelots, bobcats, jungle cats), but excluding Fells domestica, the domestic cat. (3) Procyonidae within the order Carnivora (e.g., coatis, pandas, raccoons, Procynonids). Ursidae of the order Carnivora (e.g., black bears, brown bears, grizzly bears, polar bears). (4) Ordinance No. Page 5 g7-3793 (5) Chiroptera (e.g., bats). (6) Cetacea (e.g., whales, dolphins, porpoises). (7) Pinnipedia (e.g., seals, sea lions, walrus). (8) Sirenia (e.g., sea cows, manatees). (9) Primates, including all families, (e.g., Cebidae, Cercopithecidae, Callithricedae, Pongidae, Lemuridae, Lo'risidae, Tarsiidae, Colobinae, Hylobatidae, Pongidae; (e.g. monkeys, baboons, marmosets, tamarins, capuchin, chimpanzees, orangutan, gorillas, apes)). (10) Formicidae within the order Hymenoptera(e.g., fire ants). (11) Apidae; specifically Africanized strains of the Apis Mellifera honey bee. (12) Proboscidea, Hyracoidea, Tubulidentata (e.g., elephants, hyraxes, aa~'dvarks). (13) Edentata, Pholidota (e.g., anteaters, sloths, armadillos). (14) Marsupialia (e.g., kangaroos, wallabies, koala), except for sugar gliders. (15) Crocodylidae of the order Squamata (e.g., crocodiles, alligators, caimans, gavials). (16) Helodermatidae of the order Squamata (e.g., gila monsters, beeded lizards). (17) Lizards of the species Komodoensis, Salvadorii, Salvator, Niloticus, Albigularis, and Indicus. (18) Crotalidae, Viperidae, Elapidae, Opisthoglyphous Colubridae, and all other orders which include poisonous or venomous reptiles (e.g., rattlesnakes, vipers, corals, copperheads, cottonmouths, moccasins, sea snakes, puff aders, malagasy hognoses). (19) Eunectes of the order Squamata (e.g., green anaconda). (20) Python Sebae, Python Reticulatus, Python Molorus, Morelia Amethystina of the order Squamata. (21) Venomous Spiders of the families Teridiiae and Loxoscelidae respectively, and scorpions of the order Scorpiones, excluding pandinus imperator (emperor scorpion). (22) All wild animals indigenous to the State of Iowa, as defined in Chapter 481A, Code of Iowa. Public Property: Buildings, right of way or other public property owned or dedicated to the use of the City and other governmental entities. Restricted Animals: The following genus/species of animals are hereby declared to be restricted: Ordinance No. 97-3793 Page 6 (1) Ferrets. (2) Iguana iguana, lizards of the order of Chamaeleontidae, and lizards of the genus Varanus, but excluding the species Komodoensis, Salvadorii, Salvator, Niloticus, Albigularis, and Indicus. (3) Vietnamese Pot~Bellied Pigs (also subject to zoning requirements). (4) Ostriches, Emus, Rheas, and Peafowls (also subject to zoning requirements). (5) Artiodactyla and Camelidae, including camels, alpacas, llamas, and vicuna (also subject to zoning requirements). (6) Sugar gliders. (7) Other small livestock-type animals (also subject to zoning requirements). Rodeo: A contest, exhibition or competition which charges members of the public an admission fee to watch the skill of contestants or entrants in horseridership where lassoing is performed involving cattle, horses, bulls, goats, pigs, and wild bovine and/or where contestants ride wild bulls or wild horses for public entertainment. Veterinarian: A person duly licensed by the State of Iowa to practice veterinary medicine. Veterinary Hospital: An establishment regularly maintained and operated by a veterinarian for the diagnosis and treatment of diseases and injuries to animals and which may board animals. SECTION Vl. Title 8, Chapter 4, Section 2A, entitled "Enforcement", is hereby amended to read as follows: It shall be the duty of the Director of the Animal Control Facility ("Director"), together with animal control personnel, to enforce the provisions of the Chapter and animal-related regulations of the Code of Iowa, as amended, and to impound any animal found running at large as defined herein or neglected as provided in Section 8-3-3 of this Code. The animal control personnel shall provide adequate and wholesome food for animals impounded, shall provide careful and humane treatment toward such animals and shall also provide for the disposition of animals in a manner deemed appropriate by the City. SECTION VII. Title 8, Chapter 4, Section 2B, entitled "Administration of Provisions", is hereby amended to read as follows: The personnel of the Division of Animal Control of the City of Iowa City are designated as the official agents of the City for the Ordinance No. 97-3793 Page 7 purpose of issuing animal licenses and permits, and collecting fees pursuant to this Chapter. SECTION VIII. Title 8, Chapter 4, Section 3B, entitled "Which Animal Require License", is hereby amended to read as follows: Every owner of a dog or cat over the age of four (4) months shall procure a City animal license each calendar year or within thirty (30) days of the animal being brought into the City. SECTION IX. Title 8, Chapter 4, Section 3C(1) is hereby amended to read as follows: At the time of making application for a City license, the owner shall furnish to the City a veterinarian's certificate showing that the dog or cat for which the license is sought has been vaccinated again'st rabies virus and that such vaccination will not expire within six (6) months from the date the license is issued. In order to take advantage of the lower rate for neutered animals, the owner shall, at the time application is made for an animal license, present a certificate of neutering signed by a veterinarian containing a description of the animal, its call name and date of neutering, if known. Such certificate may be used in subsequent license applications. SECTION X. Title 8, Chapter 4, Section 3E(5) is hereby amended by repealing the word "duplicate" and replacing it with the word "replacement". SECTION Xl. Title 8, Chapter 4, Section 31, entitled "Exceptions", is hereby amended to read as follows: Exceptions: The licensing provisions of this Chapter shall not be applied to animals whose owners are nonresidents temporarily within the City or animals brought into the City for the purposed of participating in any animal show. Owners of animals which are trained to assist them with their disabilities shall not be charged a fee to license said animals, although said animals are still otherwise subject to the licensing provisions of this Chapter. SECTION XII. Title 8, Chapter 4, Section 5B, entitled "Noisy Animals", is hereby amended to read as follows: No person shall cause or allow any animal under their care, charge, custody, or control to emit any noise which annoys, disturbs, offends, or unreasonably interferes with the comfortable enjoyment of life or property of the Ordinance No. Page 8 97-3793 neighborhood or general public. The provisions of this section shall not apply to a commercial establishment which is permitted pursuant to the Zoning Code. SECTION XIII. Title 8, Chapter 4, Section 6, entitled "Prohibitions and Requirements", is hereby amended to read as follows: A. No person shall keep or maintain an animal declared to be prohibited under this Chapter. Notwithstanding this provision: 1. Indigenous wildlife rehabilitators who possess required United States Fish and Wildlife permits, required Iowa State Department of National Resources permits, and a valid permit issued by the Division of Animal Control of the City of Iowa City may maintain prohibited wildlife for rehabilitation purposes. 2. A prohibited animal which is properly and appropriately restrained may be transported to a veterinarian for emergency medical care or treatment and may remain within the confines of the veterinary clinic or hospital as long as the animal is receiving medical treatment. B. No person shall keep or maintain an animal declared to be a restricted animal under this Chapter without a valid permit issued by the Division of Animal Control of the City of Iowa City. C. Pigeon lofts and dove lofts are prohibited within the City. Notwithstanding this provision, any person who owns or operates a pigeon and/or dove loft within the City prior to July 1, 1997 may continue to operate such pigeon and/or dove loft subject to the following restrictions: 1. As of July 1, 1997, pigeon and dove lofts shall not house more than forty (40) pigeons and/or doves at any one time. 2. As of July 1, 2000, pigeon and dove lofts shall not house more than thirty (30) pigeons and/or doves at any one time. 3. The exemption for persons who own or operate pigeon and dove lofts within the City as of July 1, 1997 shall not be transferable to another person or another property. D. Animals at Large Prohibited: 1. No animal shall be found at large within the City at any time. A properly li- censed animal shall not be deemed at large if: a. It is tethered or on the enclosed premises of the owner; or Ordinance No. 97-3793 Page 9 b. It is tethered or on the enclosed premises of another person with the knowledge and consent of that person; or c. It is under the control of a person competent to restrain the animal, either by leash or properly restrained within a motor vehicle or enclosed within a structure. 2. Notwithstanding the provisions of this subsection, any animal shall be deemed at large at any time when the animal is attacking humans, other animals, or destroying property or is on any public property, except when under restraint as set forth above. In addition, anyfemale animal in estrus shall be deemed at large at any time, except: a. When housed in a building completely enclosed; or b. When housed in a veterinary hospital or boarding kennel licensed or regis- tered with the State; or c. When on the premises of the owner, provided the area in which such animal is located is completely enclosed by a fence or other structure having a height of at least sixty inches (60"); or d. When under the control of a person competent to restrain the animal, either by leash or properly restrained within a motor vehicle. E. On Private Property: No animal shall be taken, allowed or permitted on private property not owned by the owner of the animal without the permission of the person owning such property or the person in possession or control thereof. F. In Food Establishments: No animal shall be allowed, taken or permitted on or in any building, store, restaurant or tavern where food or food products are sold, prepared or dis- pensed to humans other than the owners thereof, except for animals properly trained and certified to assist persons with disabilities while such animals are acting in such capacity. G. Tying Animals: No animal or livestock shall be tied by any person to a utility pole, parking meter, building, structure, fence, sign, tree, shrub, bush, newspaper or advertising rack or other object on public property or tied on private property without the consent of the owner or person in possession or control thereof or tied in such a manner as to intrude onto a public sidewalk or street or inhibit legal Ordinance No. Page 10 97-3793 entry onto property, except for animals properly trained and certified to assist persons with disabilities while such animals are acting in such capacity. H. Solid Waste Removal: Any person who shall walk an animal on public or private property shall provide for the disposal of the solid waste material excreted by the animal by immediate removal of the waste, except for animals properly trained and certified to assist persons with disabilities while such animals are acting in such capacity. I. Pet shops displaying, selling, or transferring turtles, tortoises or iguanas must display in public view a notice of warning regarding the transmission of Salmonella. SECTION XIV. Title 8, Chapter 4, Section 8C, entitled "Notice of Impoundment", is hereby amended to read as follows: Not later than two (2) calendar days after the impoundment of any animal the owner, if known, shall be notified of such impoundment. SECTION XV. Title 8, Chapter 4, Section 9, entitled "Fees", is hereby amended to read as follows: FEES: The following animal fees shall be set by resolution of the City Council: permits, delinquent permit fees, licenses, delinquent license fees, boarding of impounded animals, owner reclamation of impounded animals, adoption of impounded animals, and for acceptance of animals voluntarily surrendered for adoption or disposal. SECTION XVl. Title 8, Chapter 4, Section 11, entitled "Owner's Responsibility", is hereby repealed and a new Title 8, Chapter 4, Section 11, entitled "Responsibility of Owners" is hereby added, to read as follows: The owner of an animal shall be responsible for obtaining licenses, permits, and vaccinations and for the care and control of any such animal as defined Section 8-4-5 of this Chapter. The owner shall be prima facie responsible for any violation of Section 8-4-6 of this Chapter by any animal owned by said owner. SECTION XVll. Title 8, Chapter 4, Section 12, entitled "Penalties", is hereby renumbered as Title 8, Chapter 4, Section 13. Ordinance No. Page 1 1 97-3793 SECTION XVIII. Title 8, Chapter 4 is hereby amended by adding a new Section 1 2, entitled "Permit Required", to read as follows: A. No person shall, keep, maintain, conduct or operate within the City of Iowa City any animal act or exhibition which charges a fee for admission, cat or dog kennel, cat or dog show, pet shop, restricted animal, boarding kennel, commercial kennel, motion picture, television or theatrical performance where an animal is used, Circus, rodeo, or breed animals without first obtaining a permit therefore from the Division of Animal Control of the City of Iowa City. Prior approval from Housing or Zoning Departments may also be necessary. B. 1. Each application for a permit hereunder shall be in writing upon a form to be furnished by the Division of Animal Control. 2. All permits issued by the Division of Animal Control shall automatically expire one year from the date of issue, unless revoked or suspended. 3. Within thirty days after the expiration of any permit, the permittee shall apply for and secure a renewal of the permit in the manner provided for in this Chapter. Failure to renew a permit within the time herein provided shall result in a delinquent fee, in addition to the regular permit fee, as set by the City Council. All applicants shall be furnished with permit rules and regulations at the time the application is made. Permit rules and regulations shall be approved by resolution of the City Council. 4. All permits issued to commercial kennels, pet shops, boarding kennels, circuses, and rodeos shall be kept posted in a conspicuous place. C. Upon the filing of an application for a permit or renewal thereof, the Division of Animal Control may make such investigation and inspection of the animal, and the premises where the animal will be kept, as it deems proper within the law. The Division of Animal Control shall then issue a permit to an applicant unless it finds: 1. The keeping of the animal at the place set forth in the application and the conduct or operation of the business for which the permit is requested will violate any law or ordinance of this City, or any law of the State of Iowa; or 2. The keeping of the animal at the place set forth in the application and the conduct or operation of the business for which the permit is requested will constitute a danger to the health, peace or safety of the community; or Ordinance No. Page 12 97-3793 3. The applicant has failed to provide any animal in his or her possession, care, or control with adequate food, drink, shelter, or protection; or 4. The premises and establishment where the animal is to be kept is not maintained in a clean and sanitary condition; or 5. The applicant has failed to protect any animal in his or her possession, care, or control from needless suffering, torment, cruelty, abuse, or neglect; or 6. The applicant has had a permit revoked within one year prior to the date of the application; or 7. The applicant has been convicted of any offense involving the violation of Chapters 717A or 717B, Code of Iowa, Section 8-3-3 of this Code, or any provision of this Chapter.' D. Any permit issued under this Chapter may be revoked or suspended if after due investigation, and after the permittee has been given the opportunity to give a written or oral statement and present evidence, the Division of Animal Control and/or the Animal Control Advisory Board finds: 1. The keeping of the animal at the place set forth in the application and the conduct or operation of the business for which the permit was issued violates any law or ordinance of the City, or any law of the State of Iowa; or 2. The keeping of the animal at the place set forth in the application and the conduct or operation of the business for which the permit is requested will constitute a danger to the health, peace or safety of the community; or 3. The permittee, his or her agent, or employee has failed to provide any animal in their possession, care, or control with the proper and sufficient food, drink, shelter, or protection; or 4. The permittee, his or her agent, or employee has failed to maintain the premises or caging areas in a clean and sanitary condition; or 5. The permittee, his or her agent, or employee has failed to protect any animal in their possession, care, or control from needless suffering, torment, cruelty, abuse, or neglect; or 6. The permittee has had a permit revoked within one year prior to the date of application; or 7. The permittee has been convicted of any offense involving the violation of Chapters 717A or 717B, Code of Iowa, Section 8-3-3 of this Code, or any provision of this Chapter. Ordinance No. 97-3793 Page 13 E. Waiver of Fees. 1. Permit fees may be waived for licensed non-profit organizations, educational institutions, licensed rehabilitators, dog or cat shows conducted for educational purposes, or other animal exhibitions or acts conducted for educational purposes. 2. Permit fees shall be waived for Johnson County Humane Society foster caregivers harboring dogs or cats in their private homes or kennels. This waiver shall apply only to their temporarily-housed foster animals and not to their privately-owned animals. A list of foster homes and foster kennels shall appear on the permit application of the Johnson County Humane Society. 3. Permit fees shall be waived for state- approved wildlife rehabilitators who maintain wildlife for rehabilitation purposes or for ongoing care and possess required United States Fish and Wildlife permits and required Iowa State Department of Natural Resources permits. SECTION XIV. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION XV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION XVI. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 15i~h day of July ,19 97 ATTEST: CITY CLERK A p p,.,'o~e d.,.~ y, City Attorney's Office Ordinance No. 97-3793 Page 14 It was moved by Kubby and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Norton that the First Consideration Vote for passage: Second Consideration Vote for passage: Date published 6/17/97 7/23/97 Moved by Kubby, seconded by Vanderhoef, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first consideration and vote be waived and the ordinance be given second consideration at this time. AYES: Kubby, Lehman, Norton, Novick, Thornberry, Vanderhoef, Baker. NAYS: None. ABSENT: None.